Category Archives: Medical negligence

Hundreds of Deaths at Gosport War Memorial Hospital

The public enquiry has led to an out cry by the relatives to call for prosecutions concerning the deaths of elderly patients at the hospital between 1988 – 2000 and no doubt in due course there will be questions following the Gosport Inquiry about compensation claims for the loss of a loved one.

The Gosport Enquiry was led by the former Bishop of Liverpool, the Rt Rev James Jones. It may be recalled that the Bishop has had extensive experience in the Inquiry that led to the tragic deaths of the 96 Liverpool supporters who died at Hillsborough following a football match.

The tragic deaths at Goport, it is reported in The Times, was initially raised by nurses about the over-use of the powerful painkillers at as far back as the early 1990’s. but those concerns were dismissed.

The practice of over-use opioids (pain killers) appears to have continued unabated. The Independent Panel, found that 456 patients had died in hospital due to:

‘..an institutionalised practice of the shortening of lives through administering opioids without medical justification”.

The Gosport Independent Panel investigation, began four years ago in 2014, and considered a voluminous about of documentation. It concluded that:

“there was a disregard for human life and a culture of shortening lives of a large number of patients” at the Hampshire hospital.’

There is also the possibility that up to 200 more patients may also have died but there were gaps in the record keeping that may have provided a more accurate assessment.

The Inquiry was of the view that it was the ‘norm’ that patients were prescribed powerful pain-killers. A clinical assistant at the hospital informed the Inquiry had said that it was the norm “for the practice of prescribing which prevailed on the wards.”

The General Medical Council ruled that Dr Barton, who is at the centre of the Inquiry, was guilty of repeated professional misconduct relating to 12 patients who died at the hospital, but she has never faced criminal charges.

Bishop Jones was of the view that the result of the inquiry was a “vindication” of the families’ “tenacious refusal to be dismissed”. It is reported that his words led to “a collective intake of breath from 150 people”, according to those present.

Gosport Inquiry – The Failure by Those Who Are In Charge to Protect The Vulnerable.

Whilst justice will turn it wheels slowly, it has, it appears it has reached the right result. It is quite right that the families affected ensure that justice prevails. Not only has the Inquiry led to mistakes being uncovered but those who are at the centre of the storm be punished for what they have done.

But in addition, lessons must be learnt about those who are in charge of the institutions that are there to protect the vulnerable. The whistle-blowing that sounded the alarm many years ago where the NHS failed to act is an important point. It is reported that nurses attempted to raise concerns with management but were ignored, owing to a culture at the hospital that meant doctors’ decisions could not be questioned, the report said, adding: “The opportunity was lost, deaths resulted.”

The Times reported that the NHS was reluctant to press ahead with its own inquiries because it feared compromising police work. Coroners inexplicably waited nearly two years to carry out inquests after the CPS had decided not to prosecute.

There were multi-party party failures where the Inquiry must lead to ensure that whilsteblowers are legally protected and full an proper investigations are undertaken.

Patients To Dye Prematurely in Hospital

Patients are likely to be dying prematurely in hospitals today, according to Professor Sir Brian Jarman, director of the Dr Foster Unit at Imperial College London.

Here there is concerns when health safety data, was analysed. There was a desire among officials “not to know” when things went wrong.

He warned that whistleblowers had been “fired, gagged and blacklisted”.

The need for legal protection for whistleblowers is paramount especially in the NHS. At school or at home when you are a child you take a dislike to anyone who ‘snitches’ you by a ‘mate’ or a sibling. But when lives are at stake, when procedures go wrong, how do you complain to those who are ‘above you,’ are senior, more qualified and respected.

That is the dilemma facing not just the NHS but other organisations. However the NHS is in a position where life and death are at stake. The former High Court Judge Dame Janet Smith (I had a multi-party 6 week hearing before her back in 1996) was on BBC 2 Newsnight and expressed the view that her Inquiry into the Shipman Inquiry into the murders appears not to have made any impact on protection and listening to whistleblowers within the NHS.

Will the Gosport Inquiry make a difference? Let’s hope so. There are patients out there now, in the NHS where I am sure, decisions taken by senior medical staff are questionable. Again the actions of the minority taint the majority, but such actions have a devastating impact when they go wrong. Who protects the vulnerable? The last resort surely should not be the lawyers.

Gosport Inquiry Compensation Claims

The last thing in families minds is compensation. As experienced fatal accident solicitors dealing with bereaved families justice and the truth of what happened to their loved one is a priority. But when the investigation has been completed (or during) it is possible to claim compensation for the loss of life, grief and dependency when a loved one passes in an untimely and unjust way caused as a result of the negligence of another. The majority of claims will be brought under The Fatal Accidents Act 1976 .

As solicitors who specialise in fatal accident compensation claims, one other avenue could still be open for families is to make a claim following the Gosport Inquiry. Proceedings may be required in a short period of time due to the fact usually the law only permits claims to be pursued within three years from the date of death. However there is a discretion by the Courts to allow for Gosport Inquiry Compensation claim to be pursued if it was unjust not to do so. One major point in the families favour would be due to the fact that it was only following the result of the Inquiry that they knew the full extent of the harm and possible negligence that resulted in the deaths of their loved ones. They could not have known earlier, for sure and thus a potential civil claim for damages could be made to over come the limitation period.

Who is liable?

It will be recalled that in this fatal accident claims the deceased was employed as a carer who went to patients own homes to look after them. The employer knew that the person being cared for had a dog that was prone to bite and failed to warn the employee (who had not attended the premises before) and failed to put in place sufficient warnings and safeguards to protect its employee.

The carer, unfortunately was bitten by the dog and he contracted sepsis and shortly afterwards died of the infection.

As the dog owner had not assets, money or insurance cover, he was not worth taking any legal action for a fatal accident compensation claim. Fatal accident solicitor will have to consider taking action against the employer and or sue the NHS for medical negligence for failing to spot the signs of sepsis.

Treat Sepsis Patients Within The Hour

In a recent article it is now noted by the health secretary that sepsis patients should be treated within the hour. Jeremy Hunt as gone on record saying:

“Every death from sepsis is a tragedy, yet too often warning signs are missed..’

The most typical of warning signs are:

high heart rate

signs of a rash

Fatal Accident Claims Advice

Please contact us if you require any advice or assistance following the loss of a loved one due to a fatal accident claim. We are here to help you every step of the way. As fatal accident solicitors we will sympathetically handle your case, discussing your options and advising you through the complex legal paper-work and procedures.

Not All Accident Solicitors Are the Same

Not all fatal accident solicitors are the same. It this most difficult time for family members who are looking for legal advice in such an emotional and traumatic time, it is important that you do obtain advice from as specialist in this area.

Fatal accident claims can involve a very complex area of the law where there are pitfalls for the unweary and inexperience solicitor who may be very good dealing with simple whiplash injury road traffic accident claims or accidents at work but not equipped with fatal injury compensation claims. Applying the law to fatal accident claims is not routine, the demands and complexity are uniquely demanding and simply nothing short of experience and expertise should be considered in such a difficult time for the family.

One Example of an Inexperienced Solicitor Getting It Wrong

In this matter, a firm of fatal accident solicitors acted for a family whose adult child was tragically killed in a road traffic accident. The deceased was living away from his parents and recently left university and was in a full-time job.

Following the conviction the family as requested by the fatal accident claim solicitors requests that they send the receipts in of the funeral expenses to stat they can be reimbursed with the cost of the funeral and headstone which is a claim that can be made under the Fatal Accidents Act 1976.

The fatal accident solicitor only made a cursory enquiry asking simply did their adult child provide an financial support for them at the time of death. The answer was ‘no.’

The insurance company for the other driver made an offer to compensate the family for the funeral expenses in ‘full and final settlement’ of the fatal accident claim. That was it. The family became a little concerned and questioned their rights. After seeking advice from us, it quickly became apparent that the fatal accident solicitor simply did not go into any detail about what a ‘dependency claim’ involves and what can be claimed.

Fatal Accident Dependency Claim

It turns out that the parents and the deceased had in mind shortly before the tragic death that their adult child was intending to come back to live with the parents due to job relocation and more-over to look after one of them as they had fallen ill. That the provision of care to one parent and that the adult child would financially support his family was simply over-looked by the fatal accident solicitor. No proper and full investigations were ever made.

Had it not been for that telephone call to us, the fatal accident solicitors the family would have settled the claim for compensation for the loss of funeral expenses. The total value of the Dependency claim is significant and whilst no amount of fatal accident compensation can ever be considered as justice, it does provide some financial security, closure and piece of mind.

Fatal Accident Solicitors – Advice & Support

We are here to help you every step of the way. The first legal step is to call us. We will be sympathetic and with over 20 years of dealing with families left devastated by the loss of a loved one appreciate your concerns and demands for justice. We work under a No Win, No Fee Solicitor service so you have no worries in getting in touch.

Make sure you instruct the right fatal accident solicitor, otherwise you may not obtain the justice that you deserve and the right amount of compensation of piece of mind and a sense of closure. The above link is a cautionary tale of what can easily go wrong if the family instruct the wrong fatal accident solicitor.

My Unmarried Partner Dies – But Still Married, Can I Claim?

This can be a heartbreaking situation following a fatal accident claim. Where a couple are not married but are living together there is no automatic right for the surviving partner to bring an action for the unlawful death following a fatal accident. This is governed by the Fatal Accidents Act 1976 which states that if there are co-habities, then the survivor can only claim as a dependant of the loss of their loved one if they were living together as ‘husband and wife’ for a period of 2 years immediately prior to death. The law has subsequently been updated to included same sex co-habities.

The law was challenged under Section 4 of the Human Rights Act 1988 in a case called in a case called Swift v Secretary of State 2013 to overturn the offending section 1(3)(b) of the Fatal Accidents Act 1976 (as amended) as incompatible and thus should be overturned.

Fatal Accidents Act 1976

Under the Fatal Accidents Act, 1976, only 3 groups of people are entitled to make a fatal accident compensation claim following the death of an individual. They are:

dependants of the deceased,

close relatives of the deceased,

deceased’s estate.

Dependency claims are usually ‘financial dependents’ of the deceased under the Fatal Accidents Act 1976, husbands, wives or civil partners, parents or ascendants, children or other descendants and brothers, sisters, aunts and uncles.

But for co-habitees, the law has been strictly applied and the Human Rights Act does not help. In the above case of Ms Swift she had been living with her partner for just 6 months prior to his untimely death where he was fatally injured at work. She was pregnant at the time of death. Despite the fact she was having his child she could not be classed as a dependent of her partner because she did not live with him for a period of 2 years prior to death as ‘husband and wife.’ Her appeal was dismissed and as said before even the Human Right Act would not help her. The same will apply to a Civil Partnership.

What if the Deceased Co-Habitee Was Also Married?

In this was the case, the estranged wife will also be able to claim as a dependent and also claim a bereavement awardas she will come under list of limited people who can claim.

However if the Co-habitee had been living with his or her partner for more than 2 years prior to death as ‘husband and wife’ then the co-habitiee may also claim for a dependency award along side the ‘married partner.’ This is because there can be more than one dependant who can claim at the same time.

So if there are also children to the relationship of the deceased, each child may also be able to claim for a dependency award in addition to the partner(s) of the deceased.

If there is a conflict between dependents as to who can claim for a death following an accident they dependents may require separate legal advice from specialist fatal accident claim solicitors.

The Courts are ‘chipping away’ at the injustice of compensation awards following a fatal accident claim where a person or shall we put it in a more personal way, your Spouse, Partner, Child, Mother, Father, Brother or Sister is unlawfully killed at work or in a road traffic accident for instance.

The case of Kaidir v Mistrydecided in 2014 by the Court of Appeal, the second senior court in England and Wales, no less. In this tragic case a the Claimant’s case was founded on the negligent late diagnosis of stomach cancer. She was only 32 years of age with 4 young children. The cancer was terminal and even if spotted in time, it would not have prevented her from dying.

Spotted Cancer In Time – She Would Have Lived for About 2 Years Longer

The evidence in the case was that had the correct treatment been underway at the right time, she would have underwent extensive intrusive treatment, in other words pain and suffering.

Therefore the fatal accident claim solicitors in this case tried to claim compensation for her and her family for her suffering due to the late diagnosis. However the Defendant insurance company solicitors argued successfully that she would have experienced pain and suffering in any event due to her terminal cancer.

The Court of Appeal agreed with the Defendant Insurance legal advisers. It will take into account any pain and suffering she was would have suffered without the Defendant’s negligence. The pain and suffering was no different in a fatal accident claim than where a person sustained injury that is not life-threatening, the Judges rejecting a “conceptually different’ argument put forward by the deceased Claimant solicitors.

So What Can Be Claimed – Life is Worth £Nothing In England & Wales?

Well here, Court of Appeal has stated that the Government has prevented any compensation to the unlawful killing to the deceased if the deceased did not die immediately but at a later time, say weeks or months later.

Here if the deceased was aware that the fatal injury would curtain his or her life, not matter how upset that may be, NO FATAL INJURY COMPENSATION is payable thanks to Government Law found under the Administration of Justice Act 1982 (the 1982 Act)

‘THE LAW IS UNJUST, UNFAIR

AND MUST BE CHANGED.

The Act does have an exemption as referred to by Lord Justice Laws, where he said:-

“if the injured person’s expectation of life has been reduced by the injuries, the court, in assessing damages in respect of pain and suffering caused by the injuries, shall take account of any suffering caused or likely to be caused to him by awareness that his expectation of life has been so reduced.”

In this case the Court, as the fatal accident solicitors have said earlier in this Article, the Court’s are ‘chipping away’ at a unfair legal precedent that stops bereaved families being compensated fairly. Here the Judge advised that the claimant did suffer by her awareness that her life was cut horribly short. She had four young children. The Defendant insurance company tried to stop an award but they lost.

The Judge found that for her ‘mental anguish’ of knowing her life was cut short in her prime at the age of only 32 years and with 4 young children awarded what is considered an nominal amount but a step forward. The Courts awarded the grand sum of £3,500. Yes just:

“THREE THOUSAND FIVE HUNDRED POUNDS”

Such a petty amount anyone who is aware their life will be cut short by some 40 years or more. Compare this to Celebrities who have been awarded six figure sums for ‘hurt feelings.’ It is unjust. Please help change the law so that a bereavement award can compensation families who have lost a loved one.

Contact the Fatal Accident Claims Solicitors

Please if your family or you know someone who needs advice or assistance please contact the fatal accident compensation solicitors for specialist advise and help under our no win no fee solicitors service.